US Supreme Court to review EPA regulation of GHGs

Decision based on appeal by industry, conservative groups and states According to an AHRI communiqué, the US Supreme Court has agreed to examine whether the US Environmental Protection Agency (EPA) exceeded its authority when it sought to regulate carbon dioxide and other greenhouse gases as pollutants under the Clean Air Act. An array of industry and conservative groups and states had reportedly urged the high court to conduct a much more sweeping review, which included the review of every piece of an appeals court decision in 2012 that upheld the EPA’s initial climate change regulations and the agency’s power to impose future rules. Although the Court declined to review certain aspects of the EPA’s rulemakings addressing GHG emissions, it decided to focus on whether the EPA can require additional permitting and operational changes at stationary sources to account for GHG emissions, the AHRI communiqué revealed. Oral arguments in the case are expected to take place in early 2014, the communiqué added.